`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`Washington, D.C.
`
`In the Matter of
`In the Matter of
`
`CERTAIN NOISE CANCELLING HEADPHONES
`CERTAIN NOISE CANCELLING HEADPHONES
`
`Investigation No. 337-TA-626
`Investigation No. 337-TA-626
`
`NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW AN
`NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW AN
`INITIAL DETERMINATION TERMINATING THE INVESTIGATION
`INITIAL DETERMINATION TERMINATING THE INVESTIGATION
`ON THE BASIS OF SETTLEMENT AGREEMENTS
`ON THE BASIS OF SETTLEMENT AGREEMENTS
`
`AGENCY:
`AGENCY:
`
`U. S. International Trade Commission.
`U.S. International Trade Commission.
`
`ACTION: Notice.
`ACTION:
`Notice.
`SUMMARY: Notice is hereby given that the U S . International Trade Commission has
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined not to review an initial determination (“ID”) (Order No. 26) of the presiding
`determined not to review an initial determination ("ID") (Order No. 26) of the presiding
`administrative law judge (“ALJ”) in the above-captioned investigation terminating the
`administrative law judge ("ALJ") in the above-captioned investigation terminating the
`investigation on the basis of settlement agreements.
`investigation on the basis of settlement agreements.
`FOR FURTHER INFORMATION CONTACT: Michael E(. Haldenstein, Office of the
`FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the
`General Counsel, U S . International Trade Commission, 500 E Street, S. W., Washington, D.C.
`General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C.
`20436, telephone (202) 205-3041. Copies of non-confidential documents filed in connection
`20436, telephone (202) 205-3041. Copies of non-confidential documents filed in connection
`with this investigation are or will be available for inspection during official business hoidrs (8:45
`with this investigation are or will be available for inspection during official business hOllrs (8:45
`a.m. to 5:15 p.m.) in the Office of the Secretary, US. International Trade Commission, 500 E
`a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E
`Street, S.W., Washington, D.C. 20436, telephone (202) 205-2000. General information
`Street, S.W., Washington, D.C. 20436, telephone (202) 205-2000. General information
`concerning the Commission may also be obtained by accessing its Internet server at
`concerning the Commission may also be obtained by accessing its Internet server at
`1515 ii\itc.,ws“ The public record for this investigation may be viewed on the
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`hlfpj/Wlt'IV. /l5itC. go\'. The public record for this investigation may be viewed on the
`Hearing-impaired persons are
`Commission’s electronic docket (EDIS) at fitti7. //edit i ~ ~ ~ t ~ , . . ~ ~ ) ~ .
`Commission's electronic docket (EDIS) at
`Hearing-impaired persons are
`advised that information on this matter can be obtained by contacting the Commission’s TDD
`advised that information on this matter can be obtained by contacting the Commission's TDD
`terminal on (202) 205-1810.
`terminal on (202) 205-1810.
`
`- .-
`
`a ?
`
`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`December 26,2007, based on a complaint filed by Bose Corporation of Framingham,
`December 26,2007, based on a complaint filed by Bose Corporation of Framingham,
`Massachusetts (“Bose”). 73 Fed. Reg. 882 (January 4,2008). The complaint, as supplemented,
`Massachusetts ("Bose"). 73 Fed. Reg. 882 (January 4, 2008). The complaint, as supplemented,
`alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 3 1337) in the importation
`alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) in the importation
`into the United States, the sale for importation, and the sale within the United States after
`into the United States, the sale for importation, and the sale within the United States after
`importation of certain noise cancelling headphones by reason of infringement of certain claims
`importation of certain noise cancelling headphones by reason of infringement of certain claims
`of United States Patent Nos. 5,181,252 and 6,597,792. The complaint named as respondents
`of United States Patent Nos. 5,181,252 and 6,597,792. The complaint named as respondents
`Phitek Systems Limited of New Zealand (“Phitek New Zealand”); Phitek Systems Limited of
`Phitek Systems Limited of New Zealand ("Phitek New Zealand"); Phitek Systems Limited of
`
`
`
`San Jose, California; GN Netcom, Inc. of Nashua, New Hampshire; Audio-Technica U.S., Inc. of
`San Jose, California; ON Netcom, Inc. of Nashua, New Hampshire; Audio-Technica U.S., Inc. of
`Stow, Ohio (“Audio-Technica”); Creative Labs, Inc. of Milpitas, California (“Creative”);
`Stow, Ohio ("Audio-Technica"); Creative Labs, Inc. of Milpitas, California ("Creative");
`Logitech Inc. of Fremont, California; and Panasonic Corporation of North America of Secaucus,
`Logitech Inc. of Fremont, California; and Panasonic Corporation of North America of Secaucus,
`New Jersey (“Panasonic”).
`New Jersey ("Panasonic").
`
`On November 18,2008, complainant and four remaining respondents, Phitek New
`On November 18, 2008, complainant and four remaining respondents, Phitek New
`Zealand, Audio-Technica, Creative, and Panasonic, filed a joint motion pursuant to Commission
`Zealand, Audio-Technica, Creative, and Panasonic, filed a joint motion pursuant to Commission
`rule 2 10.2 1 for termination of the investigation based upon two settlement agreements. One
`rule 210.21 for termination ofthe investigation based upon two settlement agreements. One
`settlement agreement is between Bose and Panasonic, and the other settlement agreement is
`settlement agreement is between Bose and Panasonic, and the other settlement agreement is
`between Bose and Phitek New Zealand, Audio-Technica, and Creative. The Commission
`between Bose and Phitek New Zealand, Audio-Technica, and Creative. The Commission
`investigative attorney filed a response in support of the motion.
`investigative attorney filed a response in support of the motion.
`On December 4,2008, the ALJ issued the subject ID, granting the joint motion and
`On December 4, 2008, the ALJ issued the subject ID, granting the joint motion and
`terminating the investigation with respect to all remaining respondents on the basis of the
`terminating the investigation with respect to all remaining respondents on the basis of the
`settlement agreements. No petitions for review were filed and the Commission has determined
`settlement agreements. No petitions for review were filed and the Commission has determined
`not to review the subject ID. The investigation is terminated.
`not to review the subject ID. The investigation is terminated.
`This action is taken under the authority of section 337 of the Tariff Act of 1930, as
`This action is taken under the authority of section 337 of the Tariff Act of 1930, as
`amended, 19 U.S.C. Q 1337, and Commission rules 210.21,210.42, 19 C.F.R. QQ 210.21,210.42.
`amended, 19 U.S.C. § 1337, and Commission rules 210.21, 210.42, 19 C.F.R. §§ 210.21, 210.42.
`By order of the Commission.
`By order of the Commission.
`
`Q
`
`Issued: January 2,2009
`Issued: January 2, 2009
`
`Marilyn
`.
`Secretary to the Commission
`Secretary to the Commission
`
`2
`2
`
`
`
`Page 1 - Certificate of Service
`Page 1 - Certificate of Service
`
`CERTAIN NOISE CANCELLING HEADPHONES
`CERTAIN NOISE CANCELLING HEADPHONES
`
`337-TA-626
`337-TA-626
`
`PUBLIC CERTIFICATE OF SERVICE
`PUBLIC CERTIFICATE OF SERVICE
`I, Marilyn R. Abbott, hereby certify that the attached NOTICE OF A COMMISSION
`I, Marilyn R. Abbott, hereby certify that the attached NOTICE OF A COMMISSION
`DETERMINATION NOT TO REVIEW AN INITIAL DETERMINATION
`DETERMINATION NOT TO REVIEW AN INITIAL DETERMINATION
`TERMINATING THE INVESTIGATION ON THE BASIS OF SETTLEMENT
`TERMINATING THE INVESTIGATION ON THE BASIS OF SETTLEMENT
`AGREEMENTS has been served by hand upon the Commission Investigative Attorney,
`AGREEMENTS has been served by hand upon the Commission Investigative Attorney,
`Christopher G. Paulraj, Esq., and the following parties as indicated, on
`Christopher G. Paulraj, Esq., and the following parties as indicated, on
`T;tnu;lry 7. 2009
`Tanllary 2. 2009
`
`L~~/~
`/ ~lyn . Abbott, Secretary
`U.S. International Trade Commission
`U.S. International Trade Commission
`500 E Street, SW
`500 E Street, SW
`Washington, DC 20436
`Washington, DC 20436
`
`ON BEHALF OF COMPLAINANT BOSE
`ON BEHALF OF COMPLAINANT BOSE
`CORPORATION:
`CORPORATION:
`Andrew R. Kopsidas, Esq.
`Andrew R. Kopsidas, Esq.
`FISH & RICHARDSON P.C.
`FISH & RICHARDSON P.C.
`1425 K Street, NW, 1 lth Floor
`1425 K Street, NW, 11th Floor
`Washington, DC 20005
`Washington, DC 20005
`P-202-783-5070
`P-202-783-5070
`F-202-783-233 1
`F-202-783-2331
`
`ON BEHALF OF RESPONDENTS PHITEK
`ON BEHALF OF RESPONDENTS PHITEK
`SYSTEMS LIMITED AND CREATIVE LABS:
`SYSTEMS LIMITED AND CREATIVE LABS:
`William B. Nash, Esq.
`William B. Nash, Esq.
`JACKSON WALKER LLP
`JACKSON WALKER LLP
`112 E. Pecan Street, Suite 2400
`112 E. Pecan Street, Suite 2400
`San Antonio, TX USA 78205
`San Antonio, TX USA 78205
`P-2 10-978-7700
`P-21 0-978-7700
`F-2 10-242-4620
`F-21 0-242-4620
`
`(c) Via First Class Mail
`
`( ) Via Hand Delivery
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`( ) Via Overnight Mail
`C(J Via First Class Mail
`( )Other:
`( ) Other: ___ _
`
`( ) Via Hand Delivery
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`( ) Via Overnight Mail
`( .$ Via First Class Mail
`(.~ Via First Class Mail
`( )Other:
`( ) Other: __ _ _
`
`
`
`Page 2 - Certificate of Service
`Page 2 - Certificate of Service
`
`CO-COUNSEL ON BEHALF OF RESPONDENT
`CO-COUNSEL ON BEHALF OF RESPONDENT
`PHITEK SYSTEMS LIMITED:
`PHITEK SYSTEMS LIMITED:
`Dennis Braswell, Esq.
`Dennis Braswell, Esq.
`BRASWELL & ASSOCIATES, P.C.
`BRASWELL & ASSOCIATES, P.e.
`105 Soost Court
`105 Soost Court
`Mobile, AL 36608
`Mobile, AL 36608
`P-25 1-458-8045
`P-251-458-8045
`F-25 1-414-2969
`F-251-414-2969
`ON BEHALF OF RESPONDENT AUDIO TECHNICA
`ON BEHALF OF RESPONDENT AUDIO TECHNICA
`US, INCORPORATED:
`US, INCORPORATED:
`James P. White, Esq.
`James P. White, Esq.
`WELSH & KATZ, LTD.
`WELSH & KATZ, LTD.
`120 South Riverside Plaza
`120 South Riverside Plaza
`22nd Floor
`22nd Floor
`Chicago, IL 60606
`Chicago, IL 60606
`P-3 12-655-1 500
`P-312-655-1500
`F-3 12-655- 150 1
`F-312-655-1501
`ON BEHALF OF RESPONDENT PANASONIC
`ON BEHALF OF RESPONDENT PANASONIC
`CORPORATION OF NORTH AMERICA:
`CORPORATION OF NORTH AMERICA:
`Torn M. Schaumberg, Esq.
`Tom M. Schaumberg, Esq.
`ADDUCT MASTRIANI & SCHAUMBERG, LLP
`ADDUCI MASTRIANI & SCHAUMBERG, LLP
`1200 Seventeenth Street, NW, Fifth Floor
`1200 Seventeenth Street, NW, Fifth Floor
`Washington, DC 20036
`Washington, DC 20036
`P-202-467-6300
`P-202-467 -6300
`F-202-466-2006
`F-202-466-2006
`
`( ) Via Hand Delivery
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`(4 Via First Class Mail
`( ) Via Overnight Mail
`(;Q Via First Class Mail
`( )Other:
`( ) Other: __ _ _
`
`( ) Via Hand Delivery
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`( ) Via Overnight Mail
`&) Via First Class Mail
`6() Via First Class Mail
`( )Other:
`( ) Other: _ __ _
`
`( ) Via Hand Delivery
`( ) Via Hand Delivery
`( ) Via Overnight Mail
`k) Via First Class Mail
`( ) Via Overnight Mail
`(:{) Via First Class Mail
`( )Other:
`( ) Other: __ _ _